A2 Law

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Mens Rea Definition
Mental element of the crime/ What was going on in the mind of the victim/ Ths is the most difficult part of the crime to prove as can't prove what is going on in someones head.
1 of 75
Rv Steane 1947
War time propaganda
2 of 75
Direct Intention
Must have direct intention to bring out the outcome
3 of 75
Mohan 1975
Slowed down then accelarated towards the police officer.
4 of 75
Oblique Intention
consequence is not the defendants clear aim but occurs as a result of their actions and is linked to their capacity to forsee the consequence.
5 of 75
Hyam 1985
Likely or Highly likely/ Letterbox petrol bomb
6 of 75
Moloney 1985
Drunken dual/Natural consequence/ Step father died
7 of 75
Hancock and Shankland 1986
Miners on strike / Concrete block killed another miner/ Foreseeabiity
8 of 75
Nedrick 1986
Poured parrafin through letterbox/ Virtually certain
9 of 75
Woolin 1998
Threw 3 month old baby died/ Infer to find
10 of 75
Matthews and Alleyene 2003
Beat victim up dropped into river knew couldnt swim/ jury not have to find intention
11 of 75
Recklessness
Didnt set out to bring about the consequence it was a risk but carried on regardless
12 of 75
Cunningham 1957
Subjective/ Gas meter/ didnt intend to cause harm
13 of 75
Caldwell 1981
Objective/ Drunk set fire to hotel
14 of 75
R v Gand R 2003
Subjective/ Set fire to wheelie bin
15 of 75
Actus Reus
Guilty act/ Must be wrongful/ Has to be voluntary
16 of 75
Act
What you physically do
17 of 75
Omission
What you do not do
18 of 75
Statutory duty
Parliament has put laws in to try to protect others- Childrens ans young persons act 1983
19 of 75
Contranctual duty
Pittwood 1902- Gate keeper forgot to close the gate
20 of 75
Duty- Relationship
Rv Gibbons and Proctor 1918- Failed to feed daughter
21 of 75
Duty- Voluntary
Rv Stone and Dobinson 1977- Anorexic sister
22 of 75
Duty- Official Position
R v Dytham- On duty left man while he was gettng beat up
23 of 75
Duty- Chain of events
Rv Miller- Fire went to another room
24 of 75
Strict Liability
Where mens rea is not needed for at least one element of a voluntary actus reus
25 of 75
Pharmaceutical Society of GB v Storkwain
Pharamasist supplied a restricted drug on a forged perscription/ Found guilty
26 of 75
Winzar 1983 Absolute liabilty
Drunken man police put him on the highway then arrested hik for being drunk on the highway
27 of 75
Rv Larsonneur 1933 Absolute Liability
Forcibly deported not allowed in england convicted under the aliens order 1920 for beig in the uk without permssion. AR not voluntary
28 of 75
Sweet V parsley 1969
A school teacher let house to students. students were smoking . She was unaware Not SL offence
29 of 75
Callow v Tillstone
Butcher meat unfit= No need for fault Relegate Offences(Drive up standards)
30 of 75
Smedleys LTD v Breed 1974
Caterpillar in tin of peas
31 of 75
Alphacell V Woodward 1972
Used equipment to prevent pollution fault- quasi- criminal offence
32 of 75
Wings v Ellis 1984
Room by holidy company/ Not match picture and description
33 of 75
Harrow LBC v Shah ans Shah
Lottery ticket underage
34 of 75
Cundy v Le cocq
Sold alcool to drunken person
35 of 75
Sherras v De Rutzen1895
Sold alcohol to constable on duty
36 of 75
B v DPP 2000
Bus lad asked for sexual activity
37 of 75
Hong Kong v AG of Hong Kong 1984
deviating from bulding plans and in breach of Hong Kong building laws
38 of 75
Causation
Casual relationship between conduct and result
39 of 75
R v Pagett
Manslaughter/ Girlfriend hostage died/ Shield
40 of 75
Rv White
Poison- Mum- Died anyway
41 of 75
R v Chesire
Fish and chip shop-shot died
42 of 75
Rv Jordon-
stabbed- died- hospital fault
43 of 75
Rv Malcherek
Stabbed/ Life support- Murder
44 of 75
R V Smith
Soldier stabbed- dropped- poot medical treatment
45 of 75
Attempts
Try but fail to carry out crime
46 of 75
R v Boyle and Boyle
Attempted burgalry/ Lock and hinges had been broken
47 of 75
Rv Jones 1990
More then merely preparatory/ Decieded to kill rival
48 of 75
R v Guellefer 1990
Acts were merely preparatory conviction quashed/ Grey hounds
49 of 75
R v Campbell 1991
Arrested near post office/ Imitation gun
50 of 75
Geddes 1996
Attempted false imprisonment- Toilet rope tape
51 of 75
R v Tosti 1997
Planned burgalry/ Hid in hedge/ Checked the lock
52 of 75
R v Rowley 1991
Left notes inn public lavatory inviting young boys to make contact
53 of 75
DPP v Mason 2009
Car
54 of 75
Toothill 1998
Attempted burgalry with intent to **** Knocked on door
55 of 75
R v Whybrow
Attempted murder/Wired up bath in attemt to electrocute his wife
56 of 75
Walker and Hayles 1990
Threw V from balcony forseen consequence
57 of 75
AG ref 3/92
Threw petrol bom with people in car
58 of 75
R v Easom 1971
Picks up womans handbag in cinema// Rummaged through it/ No evidence going to steal
59 of 75
R v Husseyn 1977
Loitering near back of the van/ Police approached and they ran off
60 of 75
Millard and Vernon 1987
Repeatedly pushed against a wooden fence
61 of 75
S39 Criminal Justice Act 1988
Assault/ Battery
62 of 75
Smith v Chief superintendent of working police station 1983
Broke in garden looked through
63 of 75
R v Lamb 1967
Points revolver at friend as a joke gun fires kills friend
64 of 75
R v Light 1857
Raise sword above wifes head/Wife feared force
65 of 75
Collins v Willcock 1984
Police officer used to much force
66 of 75
S47
ABH
67 of 75
Rv Chan Fook 1994
Locked in room
68 of 75
DPP V Smith 2006
Cut pony tail
69 of 75
R v Savage
Poured beer over victim slipped and cut wrist
70 of 75
Rv Roberts
Gave girl lift in car she jumped out to avoid sexual advances
71 of 75
S 20
GBH
72 of 75
R v Parmenter
Roughly handled baby
73 of 75
R v Lewis 1974
Threatened wife she jumped out of window
74 of 75
Eisenhower 1983
Wounding- No cut so no wound to eye
75 of 75

Other cards in this set

Card 2

Front

War time propaganda

Back

Rv Steane 1947

Card 3

Front

Must have direct intention to bring out the outcome

Back

Preview of the back of card 3

Card 4

Front

Slowed down then accelarated towards the police officer.

Back

Preview of the back of card 4

Card 5

Front

consequence is not the defendants clear aim but occurs as a result of their actions and is linked to their capacity to forsee the consequence.

Back

Preview of the back of card 5
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